Yet, at the same time, as some of these atrocities were being committed, NATO would attack Serbia in an effort to halt these violations. In this aspect, one could argue that the actions taken by NATO were in violation of international law. As they were not supported by a UN mandate, instead the actions were NATO countries working in concert with one another to go after Serbia. This is despite the fact that Serbia did not attack any of NATO allied nations.
When you look at the situations from the realist perspective, they would argue that the application of different international standards is an attempt to circumvent the power of the nation state over its people. Where, the ICC is unilaterally determining what actions are considered to be violations of international law. This is despite the fact that they are not held accountable to any kind of democratically elected body or state. As a result, you could have a situation of selective prosecution occurring, where various international standards should apply but they do not.
For example, using the NATO lead military action against Bosnia, one could argue that the NATO was in violation of war crimes, based upon the language of the law itself. As war crimes is defined as, "Willfully causing great suffering, or serious injury to body or health."
This is confusing, because the provisions make it appear as if NATO is violating the same basic standards to go after Milosevic. According to realists, these different theories do not work, because they fail to address the underlying problems with the international community. As they are attempting to provide an idealistic solution to the situation, but they do not account for how they can be implemented in the real world. Once this begins to occur, it could create more confusion, as these standards are constantly moving. At which point, it is only a matter of time until unilateral violations will occur and the world community is unable to enforce various laws. This is significant, because it shows how the ideas of international law are confusing and unclear, which often makes the situation worse.
In comparison, neo-realists would believe that the establishment of international standards could have a dramatic impact upon the nation state. This is because; the various institutions and laws that they established are enforceable around the globe. This helps to slowly create various case precedent and legal systems in interpreting international laws. At which point, the different violations...
" (Coleman, 2003) Coleman states that by the very nature of international disputes and the states desiring to protect their national interest results in "all international disputes" becoming "inevitably political in nature..." (Coleman, 2003) Variation is noted in the 'degree of political volatility' that will exist and notes as well that "just how political a dispute will be extremely subjective." (Coleman, 2003) the dependent factors are stated to within a matrix
The abuse of power is a temptation that is succumbed to all too often in both groups; one recent study of an unidentified Midwestern police force found that TASERS had become so effective at subduing resistant suspects and maintaining officer safety that worries arose regarding increased reliance on these devices (DeLone & Thompson 2009). The potential for abuse of TASERS has been well documented in other incidents by the
fictional case of Amit and his dream to sell pies out of a converted red London bus. There is apparently at least one other bus that operates in much the same way and it is operating without a problem. However, the same governing body that approved that bus has said no to Amit. When he tries to get a reason for the disapproval, he is not given one. He
Habeas Corpus: In addition to being borrowed from a Latin word, Habeas Corpus is a term associated with an important right given to individuals in the United States. Generally, a writ of habeas corpus is a legal mandate that requires a prisoner to be presented before court to ascertain whether the government has the power to continue detaining him/her. In order for the writ to be applicable the detained individual or
interventionism from the perspective of realism vs. idealism. Realism is defined in relationship to states' national interests whereas idealism is defined in relation to the UN's Responsibility to Protect doctrine -- a doctrine heavily influenced by Western rhetoric over the past decade. By addressing the question of interventionism from this standpoint, by way of a case study of Libya and Syria, a picture of the realistic implications of "humanitarian
Conflict of LawsIntroductionA discrepancy between the laws of two or more jurisdictions has some bearing on a case, such that the outcome is determined by which jurisdiction’s law is applied to each subject in question. The contradictory legal rules could stem from federal law in the United States, state law in the United States, or international law. When competing laws emerge, the first question emerges: which law should be employed
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